K. Ravichandra Babu, J.

1. The Appellant is the Plaintiff in a Suit for Specific Performance of an Agreement of Sale. The case of the Plaintiff is that the Defendant agreed to sell the Suit property for a total consideration of Rs. 1,00,000/- and received a sum of Rs. 50,000/- as advance and executed the Suit Agreement on 18.06.2003. It is his further case that even though he prepared the Draft Sale Deed and sent it to the Defendant in the month of September 2003 itself, for the Defendant to perform his part of the Contract within the time stipulated in the Agreement, the Defendant did not come forward to perform his part of the Contract. The Plaintiff sent Suit Notice on 6.7.2004 calling upon the Defendant to receive the balance sale consideration and to execute the Sale Deed. The Defendant sent a reply on 16.7.2004 disputing his liability to perform his part of the Contract by stating that the time fixed under the Agreement for the parties to perform the Contract, namely six months, has already expired. After receipt of the said Notice, the Plaintiff filed the Suit on 15.12.2006. The contention of the Defendant is that in the Agreement entered between the parties it was